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(영문) 춘천지방법원원주지원 2016.11.10 2016가단31397
주위토지통행권확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff is an owner of J 641 square meters, K, L 2,823 square meters, M 615 square meters prior to M, 2,602 square meters prior to N, and 294 square meters prior to O. The Plaintiff is an owner of 641 square meters, K, L 2,823 square meters.

Plaintiff

B is an owner of P paddy-si 2,509 square meters and Qu-si 2,476 square meters in nuclear power.

The Defendant is one thousand nine hundred and thirty-one square meters in Kuju-si, one thousand nine hundred and sixty-one square meters in Gu, one hundred and sixty-one square meters in Gu, one hundred and sixty-one square meters in Gu before G, one hundred and sixty-one square meters in Gu before H, two hundred and sixty-one square meters in D, and one owner of R land.

The location of the land owned by the plaintiffs and the defendant is as shown in the attached Form 2.

Attached 2 describe only the land shown in a certified copy of cadastral map.

It also indicated that the land category and area in the record can be known.

B. Of the instant land, the Plaintiff and the Defendant are the owners of Tro-si Tro 136 square meters, U road 228 square meters, V prior to 6,261 square meters, W road 562 square meters and X road 215 square meters.

Y is the owner of Z forest land 25,663 square meters and AA land in Zinju City.

The location of land owned by SJ and Y shall be as shown in the attached Form 2, a certified copy of the cadastral map, the attached Form 3, and the attached Form 4.

C. The plaintiffs' land is a dead-end road with no way to contribute to the development of the land.

The plaintiffs use the land owned by the plaintiffs as an orchard, and the defendant is using the land owned by the defendant as a dry field for cultivating sacratium.

마. 원고들은 S종중과 Y의 묵인 하에 별지4 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅋ, ㅌ, ㅍ, ㅎ, ㄱ‘, ㄴ’, ㄴ", ㄷ‘, ㄹ’, ㅁ‘, ㅂ’, ㅅ', ㄱ의 각 점을 차례로 연결한 선내 (가), (나), (바), (다), (라), (마) 부분의 기존 통행로[(가), (나), (바), (다), (라) 부분은 원주시 W 도로 562㎡, X 도로 215㎡, V 전 6,261㎡의 일부분이고, (마 부분은 Z 임야 25,663㎡의 일부분이다.

hereinafter referred to as "the existing passage of this case"

[] Through the above, the land owned by the plaintiffs has entered a public road. However, the part of the existing passage road of this case in early December 2014 (in particular, the part (e) of the previous passage road of this case is filled up with earth and sand by piling up earth and stone and preventing the passage through the existing passage road of this case.

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